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91ST CONGRESS 18T SESSION

S. 2936

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 19, 1969

Mr. YARBOROUGH introduced the following bill; which was read twice and referred to the Committee on the District of Columbia

A BILL

To provide for the compensation of persons injured by certain criminal acts in the District of Columbia.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, TITLE I-SHORT TITLE AND DEFINITIONS

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5 SEC. 101. This Act may be cited as the "District of Co

6 lumbia Criminal Injuries Compensation Act".

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DEFINITIONS

SEC. 102. As used in this Act

(1) the term "child" means an unmarried person

who is under eighteen years of age and includes a stepchild, an adopted child;

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(2) the term "Commission" means the District of Columbia Violent Crimes Compensation Commission established by this Act;

(3) the term "dependents" means those who were wholly or partially dependent upon his income at the time of his death or would have been so dependent but

for the incapacity due to the injury from which the death resulted and shall include the child of such victim born after his death;

(4) the term "personal injury" means actual bodily harm and includes pregnancy and mental or nervous shock;

(5) the term "relative" means the spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, or half sister of the victim; and

(6) the term "victim" means a person who is injured or killed by any act or omission of any other

person which is within the description of any of the

offenses specified in section 302 of this Act.

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TITLE II-ESTABLISHMENT OF VIOLENT

CRIMES COMPENSATION COMMISSION

VIOLENT CRIMES COMPENSATION COMMISSION

SEC. 201. (a) There is established a District of Co5 lumbia Violent Crimes Compensation Commission which 6 shall be composed of three members to be appointed by the 7 President, by and with the advice and consent of the Senate, 8 solely on the grounds of fitness to perform the duties of the 9 office. The President shall designate one of the members of 10 the Commission who has been a member of the bar of a 11 Federal court or of the highest court of a State for at least 12 eight years as Chairman.

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(b) No member of the Commission shall engage in any

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(c) The Chairman and one other member of the Com16 mission shall constitute a quorum, except as provided in sec17 tion 205 (b); and where opinion is divided and only one 18 other member is present, the opinion of the Chairman shall 19 prevail.

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(d) The Commission shall have an official seal.

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TERMS AND COMPENSATION OF MEMBERS

SEC. 202. (a) The term of office of each member of the 3 Commission taking office after December 31, 1969, shall be 4 eight years, except that (1) the terms of office of the mem

5 bers first taking office after December 31, 1969, shall expire

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as designated by the President at the time of the appoint7 ment, one at the end of four years, one at the end of six 8 years, and one at the end of eight years, after December 31, 9 1969; and (2) any member appointed to fill a vacancy 10 occurring prior to the expiration of the terms for which his 11 predecessor was appointed shall be appointed for the 12 remainder of such term.

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(b) Each member of the Commission shall be eligible 14 for reappointment.

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(c) A vacancy in the Commission shall not affect its

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(d) Any member of the Commission may be removed 18 by the President for inefficiency, neglect of duty, or mal19 feasance in office.

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(e) Each member of the Commission shall be compen21 sated at the rate prescribed for level IV under subsection 22 5315 of title 5, United States Code, except the Chairman 23 who shall be compensated at the rate prescribed for level III 24 under section 5314 of such title.

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ATTORNEYS, EXAMINERS, AND EMPLOYEES OF THE

COMMISSION; EXPENSES

3 SEC. 203. (a) The Commission is authorized to appoint

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and fix the compensation of such officers, attorneys, exam5 iners, experts, and other employees as may be necessary for 6 carrying out its functions under this Act.

7 (b) All expenses of the Commission, including all nec8 essary traveling and subsistence expenses of the Commission 9 incurred by the members or employees of the Commission 10 under its orders, shall be allowed and paid on the presenta11 tion of itemized vouchers therefor approved by the Commis12 sion or by any individual it designates for that purpose.

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PRINCIPAL OFFICE

SEC. 204. The principal office of the Commission shall be 15 in the District of Columbia, but the Commission or any duly 16 authorized representative may exercise any or all of its 17 powers in any place.

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POWERS AND PROCEDURES OF THE COMMISSION.

SEC. 205. (a) Upon request made to the Commission 20 after the filing of an application under the provisions of this 21 Act, the Commission or its duly authorized representative 22 shall have a hearing on such application, shall fix a time and 23 place for such hearing, and shall cause notice thereof to be given to the applicant.

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